NY Fraud Defense Attorney

NY Fraud Defense Attorney

Why You Need a Criminal Defense Attorney When Facing Fraud Charges in NY

There are a variety of fraud charges in New York State’s penal code. You may be charged with a misdemeanor or felony, depending on the type of alleged fraud.

It is said that in life, you are only as good as your name and reputation. Trust is a vital aspect of personal and professional relationships and employers, business partners, financial institutions and charities could view a fraud conviction as a game-changer.

A fraud conviction will not only give you a criminal record, it could land you in jail and permanently change personal, family and social relationships. It will be in your best interest to hire a qualified defense attorney as soon as possible to fight fraud charges or white-collar cases and work to minimize the impact on your life, should you be convicted.

Could You Go to Jail for a Misdemeanor Fraud Conviction?

Yes. Conviction of a misdemeanor fraud conviction could include fines, penalties, and/or jail terms of less than one year. Be aware that multiple misdemeanor convictions could extend jail time and increase fines and penalties.

Penalties for Felony Fraud Conviction in New York State

Sentencing and Penalties for Fraud in NY

In NY State, sentences for a fraud charge range from a warning, to community service, or as much as 15 days incarceration in county jail.

Sentencing for a fraud conviction will likely be impacted by predicate (previous) charges and convictions. The possibility of additional charges and the potential impact on your life makes hiring a dedicated and experienced criminal defense lawyer incredibly important.

Our award-winning law firm is comprised of experienced, passionate lawyers ready to fight for you. We work very hard to negotiate for charges to be dismissed or reduced to a lesser charge. In the case of a fraud conviction, we work diligently and in good faith with the courts and law enforcement officials to reduce fines and penalties.

Our goal is to help you put this situation behind you and get back to your life as quickly as possible.

NY ‘Class A’ Misdemeanor

Class A misdemeanors are the most serious of misdemeanor charges and include crimes such as Petit Larceny, Assault in the 3rd Degree, and Theft of Services.

List of Fraud Charges in NY State

Issuing a bad check. NY State Penal Code – 190.00
Aggravated identity theft. Class D FELONY 190.80-a
Criminal impersonation in the first degree. Class E FELONY 190.26
Criminal impersonation in the second degree. Class A MISDEMEANOR 190.25
Criminal sale of a police uniform. Class A MISDEMEANOR 190.27
Criminal use of an access device in the first degree. E FELONY 190.76
Criminal use of an access device in the second degree. Class A MISDEMEANOR 190.75
Criminal usury in the first degree. Class C FELONY 190.42
Criminal usury in the second degree. Class E FELONY 190.40
False advertising. Class A MISDEMEANOR 190.20
False impersonation. Class B MISDEMEANOR 190.23
Identity theft in the first degree. Class D FELONY 190.80
Identity theft in the second degree. Class E FELONY 190.79
Identity theft in the third degree. Class A MISDEMEANOR 190.78
Issuing a bad check. Class B MISDEMEANOR 190.05
Issuing a bad check; defenses. 190.15
Issuing a bad check; presumptions. 190.1
Making a false statement of credit terms. Class A MISDEMEANOR 190.55
Misconduct by corporate official. Class B MISDEMEANOR 190.35
Offenses involving theft of identity; definitions. 197.77
Possession of usurious loan records. Class A MISDEMEANOR 190.45
Scheme to defraud in the first degree. Class E FELONY 190.65
Scheme to defraud in the second degree. Class A MISDEMEANOR 190.6
Scheme to defraud the state by unlawfully selling prescriptions. Class A MISDEMEANOR 190.7
Unauthorized radio transmission. Class A MISDEMEANOR 190.72
Unlawful collection practices. Class B MISDEMEANOR 190.5
Unlawful possession of a skimmer device in the first degree. Class E FELONY 190.86
Unlawful possession of a skimmer device in the second degree. Class A MISDEMEANOR 190.85
Unlawful possession of personal identification information in the 2nd degree. Class E FELONY 190.82
Unlawful possession of personal identification information in the 1st degree. Class D FELONY 190.83
Unlawful possession of personal identification information in the 3rd degree. Class A MISDEMEANOR 190.81
Unlawfully concealing a will. Class E FELONY 190.30

Sentencing for Fraud Convictions in New York

Misdemeanor Fraud Sentencing

Class A Misdemeanor
Class B Misdemeanor

Sentencing for a Fraud conviction in New York State can range from no jail time to a maximum jail sentence of up to 12 months. Mandatory New York State surcharges may apply.

The court has the discretion to include 3 years of probation, conditional discharge, fines, suspension or revocation of driver’s license, community service, orders of protection, and/or ignition interlock device (which may be required at any level of DWI conviction).

Felony Fraud Sentencing

New York State courts process Felony Drug convictions under separate sentencing guidelines.

You Need a Criminal Defense Attorney That Will Fight For You

Fraud charges can bring on a flurry of activity that can be overwhelming. Our attorneys take the pressure off clients, navigating through the complexities related to fraud charges, such as search and seizure, discovery, warrants, summons, arraignment, bail hearings, plea bargains, jurisdiction, court appearances, trial, and testimony.

Your future is on the line and you’ll want to hire the absolute best attorney to represent you.

Our Advice: Hire the best criminal defense attorney you can afford.

Knowing that you have hired qualified legal representation is priceless, but it doesn’t have to cost a fortune. As one of the most respected law firms in New York State, the Hacker Murphy is proud to provide affordable, reliable and experienced legal counsel to individuals from across the Capital Region.

Meet our Albany, Saratoga, Schenectady, and Troy attorneys.

Hiring an attorney is an important decision that could impact your life for many years. We encourage you to research other firms and attorneys in the area and request a quote for your specific case.

Then ask yourself: If their fees are similar, who would you want to represent you?

Facing Fraud Charges? Speak with an Attorney Today.

Request a Free Consultation by phone or in-person with one of our experienced attorneys.

Hacker Murphy also represents clients with the following criminal charges:

Our staff will help you schedule a confidential meeting at one of our four convenient Capital Region offices in Albany, Schenectady, Troy, and Saratoga Springs.

Is Your Situation Urgent? Please Call Us now. Our attorneys are available to clients 24 hours a day, 365 days a year even on holidays. We are here to help you.

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Have Questions?

If I hire an attorney but do not want to go to trial, can I settle?

In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
Contact us now to discuss your case with one of our experienced attorneys.
If arrested, what steps can I take on my behalf?

1. Do not discuss your situation with anyone except your attorney.
2. Unless your attorney says otherwise, do not discuss your case with law enforcement.
3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.
4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
Contact us now to discuss your case with one of our experienced attorneys.
What is the difference between criminal procedure and civil procedure?

When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
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